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Side-work and the Law
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Voyeur



Joined: 03 Jul 2012
Posts: 431

PostPosted: Sun Sep 01, 2013 3:31 am    Post subject: Side-work and the Law Reply with quote

I'm working at a high school, but have what amounts to a uni schedule. My immediate supervisor said that we cannot recruit our students for any side jobs and we cannot do work for other jobs on the school site. But she also said that aside from that, they can't tell us what to do in our free time.

However, we met our principal today, and he really hammered home that we cannot do any work that isn't for our school. None of the wink wink, nudge nudge at all. Talked about fines, being fired, deported, even possibly arrested.

I live in Fuzhou, which is big but not huge. And my school is a pretty elite and strict High School. I took the job because I wanted a uni-like schedule so that I could work on the side. I'm wondering if this kind of bluster about other work is just that: bluster that every teacher gets from their main workplace, or whether I'm in a situation where I need to be really careful. Privates are probably okay, because they are hard to find out about. But they can be hard to get going, and I had hoped to do a side job at a private institute to get the supplementary income flowing. Side jobs seem a lot easier to find out about.

Opinions from vets on how dangerous it would be to flout the school's rules?
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Javelin of Radiance



Joined: 01 Jul 2009
Posts: 1187
Location: The West

PostPosted: Sun Sep 01, 2013 3:48 am    Post subject: Reply with quote

Probably part bluster, part serious. If you're not living at or near your school and you really feel the need to do some part time work, then do it. Chances of getting caught are likely low. If you're new at that school then might be a good idea to wait before branching out, build a good rapport with your boss, and your principal first, so if you do get caught they might not be too harsh. At the same time better make preparations in case the principal is serious, and you find out one day that you've been fired for breaking their rules.

As for me personally, I've never been lectured by my boss on what I can and can't do, although our contract is pretty clear on all that. If it's a good job with good benefits I wouldn't risk breaking a rule that's been made pretty clear.
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johntpartee



Joined: 02 Mar 2010
Posts: 3258

PostPosted: Sun Sep 01, 2013 3:58 am    Post subject: Reply with quote

Quote:
I wouldn't risk breaking a rule that's been made pretty clear.


The End
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Voyeur



Joined: 03 Jul 2012
Posts: 431

PostPosted: Sun Sep 01, 2013 4:02 am    Post subject: Reply with quote

I live very near school. I like the job a lot, but I took the `part-time`uni schedule so that I could do other work to supplement my income. I (probably mistakenly) trusted the posts I had read from veterans saying that even though it technically breaks the law, everyone does side work at universities--that this was why you take a uni job.

If I had known I couldn`t take side work, I`d probably have taken one of the full-time jobs at a language center.
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Javelin of Radiance



Joined: 01 Jul 2009
Posts: 1187
Location: The West

PostPosted: Sun Sep 01, 2013 4:08 am    Post subject: Reply with quote

Voyeur wrote:
I live very near school. I like the job a lot, but I took the `part-time`uni schedule so that I could do other work to supplement my income. I (probably mistakenly) trusted the posts I had read from veterans saying that even though it technically breaks the law, everyone does side work at universities--that this was why you take a uni job.

I think the main difference between most of us drones at universities and your job is that you've had two people tell you pretty clearly that you can't do this. Any other foreigners there? If so they can tell you how serious your principal is about the rules.
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Voyeur



Joined: 03 Jul 2012
Posts: 431

PostPosted: Sun Sep 01, 2013 4:19 am    Post subject: Reply with quote

Right. So part of why it works at Universities is that even though it is against the law, your superiors are basically accepting of it--sometimes even encouraging.

This is a pretty strict and elite high school. They`ve had foreigners in the past, but not for the last couple of years (not sure exactly how long). So this year they started up a new program in conjunction with a university, and there are 3 new teachers. Our direct supervisor is also new, heading up this new program.

So I think part of it is that everyone is learning as they go, and not being used to having foreign teachers, the principal is just following the rule book. He doesn`t know the unwritten rules.

Maybe I am screwed on this one. At the very least, not starting until you have taught for a bit and created some relationships seems wise. And maybe knocking it out of the park for the first month, so they value you, is a good idea before risking any outside work.
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choudoufu



Joined: 25 May 2010
Posts: 3325
Location: Mao-berry, PRC

PostPosted: Sun Sep 01, 2013 4:19 am    Post subject: Re: Side-work and the Law Reply with quote

Voyeur wrote:
Opinions from vets on how dangerous it would be to flout the school's rules?


Voyeur wrote:
I (probably mistakenly) trusted the posts I had read from veterans saying.....


i agree 100% with whatever helenawestbrook/beckyshaile will soon post.
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muffintop



Joined: 07 Jan 2013
Posts: 803

PostPosted: Sun Sep 01, 2013 4:35 am    Post subject: Reply with quote

They are likely concerned about FT's and other schools capitalizing on the rep of your 'elite' school. I'd say you should be careful. Wait a bit...talk to the Chinese staff if you have somebody you can trust and find out if they send out workers to check for FT's working elsewhere.

However, if this one job does not give you the income you need then try discussing alternatives with your boss. Perhaps they can provide you with OT work or you all can terminate the contract amicably or modify the terms.
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Voyeur



Joined: 03 Jul 2012
Posts: 431

PostPosted: Sun Sep 01, 2013 4:53 am    Post subject: Reply with quote

It seems likely that at some point, if I were teaching 12+ hours a week at private institutes outside of school, it would get back to my school.

Perhaps I need to focus more on things like internet teaching and private lessons that are more discrete. Have to see if I can get a better internet connection--Skype over a VPN is pretty slow. Too slow for video many days.

BTW, could someone clarify, is work for someone other than your Z Visa holder against the law, or just against most contracts? Or both? Is it a violation of the terms of your visa, or tax law (assuming non-reporting) or some other law?
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vikeologist



Joined: 07 Sep 2009
Posts: 600

PostPosted: Sun Sep 01, 2013 6:24 am    Post subject: Reply with quote

It's against the law. That's why it's in contracts.

However, what the police are chiefly concerned about is schools employing foreign teachers (on the side) when they're not allowed to.

These things are probably enforced more strictly in some places than others. Guangzhou seems to be the place where it's most strictly enforced, based on the number of reports of school raids etc.

The safest thing would be to stick to privates. The Police tend to try to catch schools that are acting illegally; and the moonlighting teachers get caught up in that. The penalties against schools are now much harsher than they used to be, and therefore may start being more strictly and widely enforced.

However, it is possible that your head has a good reason for stressing this part of the law / contract, but there's a few different potential reasons.
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NoBillyNO



Joined: 11 Jun 2012
Posts: 1762

PostPosted: Sun Sep 01, 2013 6:47 am    Post subject: Reply with quote

Quote:
BTW, could someone clarify, is work for someone other than your Z Visa holder against the law, or just against most contracts? Or both? Is it a violation of the terms of your visa, or tax law (assuming non-reporting) or some other law?


Most countries the visa or RP is tied to the employment and it is normal to exclude foreign workers from additional employment. Think about it, to get a foreign work permit in the US, the employer has to state a specific need for the worker, and that specific classification would not incl. other jobs. "We cannot tell you what to do" (although a lot of foreigners will take this as condoning) is more about avoiding the responsibility of giving and answer that is not in line with your expectations an avoiding responsibility due to the possible repercussions.
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Voyeur



Joined: 03 Jul 2012
Posts: 431

PostPosted: Sun Sep 01, 2013 6:54 am    Post subject: Reply with quote

Hmm...never thought of police raids. Even if you teach part-time at a school that has other foreign teachers, and that is allowed to hire foreigners, I bet the police will check everyone's visa.

So-called "side jobs" are attractive because unlike with privates, you can get up and running with a decent schedule fairly quickly. But they now strike me as by far the most dangerous.

EDIT: After a pretty exhaustive search of Dave's, it still seems like there is no consensus on the illegality of side work and privates. Some contracts state, for example, that you cannot do other work UNLESS you get the school's agreement. This would imply that side work is not inherently illegal.

That, or it is in the contract because for SOME teachers (those married to Chinese, for example) private teaching is not illegal. But for a Z-Visa guy it is, and the contract clause is redundant. But it isn't really in the contract for that guy--it is there for completeness; to cover less typical situations and employees.
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doogsville



Joined: 17 Nov 2011
Posts: 924
Location: China

PostPosted: Sun Sep 01, 2013 9:46 am    Post subject: Reply with quote

Privates would be the way forward I think. They may be slower to get going, but they make more sense in the long run. You'll make more per hour, so you could make even more than you would in a language school over a semester. You'll be dealing with cash, so there's no taxes or deposits into your bank account to tip off the authorities. Working for an elite High School can only help to boost your reputation and therefore your fees. You might even get some business from the parents of your existing students who want you to provide some extra tuition.
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Voyeur



Joined: 03 Jul 2012
Posts: 431

PostPosted: Sun Sep 01, 2013 9:56 am    Post subject: Reply with quote

I would never crap where I eat, so to speak. It is still unclear whether the school is truly against all private work, or she was just reciting boilerplate to cover her ass.

But it clear, from my supervisor, that they are definitely and actively against any kind of private work that involves any kind of connection to our students. And that I can understand.

Still trying to get a handle on the exact rules on this. Below I have something taken from the US embassy's website on China:

Private Teaching and Tutoring

Private teaching and tutoring are very common in China, and there is great demand for native English speakers, particularly in the larger cities. However, in order to do so legally, written consent from your full-time employer is required. If you are interested in giving private language lessons, include a stipulation in your contract allowing you to devote a certain number of hours per week to private teaching.


I wouldn't put it past them to have the details wrong, but this also seems to imply that with your main school's permission, part-time work can be legal. If this is true, I could ask my school to sanction part-time work, maybe in a month or two after I've shown my worth and built some relationships.
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NoBillyNO



Joined: 11 Jun 2012
Posts: 1762

PostPosted: Sun Sep 01, 2013 12:10 pm    Post subject: Reply with quote

http://www.prolegomenes.com/how-a-foreigner-can-be-hired-by-a-chinese-company.html

Procedures for the Employer to get the Employment License

1. A Labor contract or a letter of intention for employment must be signed by both parties. The Employer must fill out the Application Form for the Employment of Foreigners and submit it to the competent trade authorities for examination and clearance, bringing with him the following documentation : curriculum vitae of the future foreign Employee, letter of intention for employment, report of reasons for employment, credentials of the foreigner required for the performance of the job, health certificate of the foreigner to be employed and other documents required by regulations.

Think about it....does moonlighting employers go through this paperwork.
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